Mental Health Needs in the Criminal Justice System

Crime is Not Just a Criminal Justice Issue
Introduction
The issue of mental health in the criminal justice system is important because, as Stringer (2019) notes, the US Department of Justice has admitted that nearly 40% of individuals in prison have a history of mental illness. Unfortunately, the criminal justice system does not appear to be focused on addressing the situation in a way that benefits people convicted of crime. The prison industry faces a crossroads with respect to the mental health needs of prisoners: it can either continue forward on its current trajectory, ignoring the obvious mental health needs of inmates, or it can take steps now to address the mental health problem within the criminal justice system. This paper will show why there is a problem and what can be done to address it. It will ultimately explain that the prison industry needs to do a better job of addressing the mental health needs of prisoners because otherwise there is not going to be any rehabilitation or reform.
The Mental Health Problem
There are many theories for why crime occurs. From social bond theory to life course theory, criminologists have sought to examine, explore and understand the factors that cause people to want to commit crimes. However, researchers are now exploring the aspect of mental health and the role it plays in crime. Clearly, this is an issue that needs to be addressed, since nearly half of all people convicted and incarcerated have a history of poor mental health. It makes sense that mental health as a problem in society should go ignored, too, because society is told to think of crime in black-and-white terms, as though there were law-abiding citizens and criminals and nothing gray about the situation at all. Yet, what happens when on analyzes the situation in more context? One sees that people are not always in control of their own selves. One sees that in many cases people are dealing with mental health problems that lead them into behaviors that society condemns and that the criminal justice system says need to be punished with incarceration. The actual root of the problem goes unaddressed.
Criminal justice cannot be effective unless it aligns with social justice and social justice demands that the mental health issues at the root of crime be solved. It can be argued that crime in the US is really a mental health issue rather than a criminal justice issue since nearly half of all crimes committed are related to some form of mental illness experienced by the offenders. The situation is made all the worse because of the fact that, according to Yi, Turney, and Wildeman (2016), “jail and prison inmates have different, perhaps unequal, access to on-site physical and mental health services that may mitigate poor mental health outcomes” (p. 905). There is no real equality in terms of who receives mental health care and who does not. Convicts are being incarcerated instead of treated for their mental health issues, and in those places where mental health services are provided the provisions are incomplete, hasty, and unequally given. Without a consistent, holistic, and complete approach, the criminal justice system is simply putting a band-aid on a serious problem and society accepts the situation as is because it does not have to look at the problem: those who are mentally-ill are imprisoned; some placed in solitary confinement for days, weeks, months and even years (Haney, 2018).
The social justice principles at stake here are respect for all human persons and the need to address inequality in the criminal justice system. Persons with mental health issues are treated with tactics of marginalization and oppression as they are kept locked down in a system that is punitive rather than rehabilitative. From a social justice perspective, prisons are considered a critical instrument of justice. It is, however, important to note that in as far as the health and wellbeing of prisoners is concerned, prisons fail to promote certain societal aspirations on this front. Instead of focusing on the mental health aspects of crime, the system instead focuses on punitive justice. This is partly because of a conflict of interest at the heart of the criminal justice system, which is the fact that a private prison industry profits off the imprisonment of convicts. The labor of these convicts is outsourced to competing companies, which pay pennies on the dollar to inmates who have no choice but to work for them while incarcerated (Pelaez, 2014). There is no incentive on the part of the state to address the mental health needs of inmates, even though there is a high correlation between crime and poor mental health (Evans Cueller, McReynolds & Wasserman, 2006).
What the Data Shows
According to Morgan, Flora, Kroner, Mills, Varghese and Steffan (2013), there is a clear overrepresentation of persons having mental illnesses in the criminal justice system. This assertion appears to advance the very same finding of Vogel, Stephens, and Siebels (2014) as has will be shown later in this paper. Towards this end, the Morgan et al. (2013) point out that the relevance of implementing the most effective interventions to cater for the mental needs of inmates cannot be overstated. Morgan et al. (2013) applied meta-analytic techniques to a total of twenty six empirical studies. In so doing, they came up with a reliable research synthesis that sufficiently evaluated the relevant interventions. It is important to note that the article goes beyond the mere examination of what works and also highlights approaches that have been shown to have minimal chances of success. One should not be surprised to find that solitary confinement is not depicted as a positive solution to mental health for inmates.
The National Conference of State Legislatures – NCSL (2020) shows that the various interventions that have been put in place to minimize the interaction between the criminal justice system and persons having mental health needs has to be fixed. This is more so the case given that as the NCSL observes, “nationally, people experiencing a mental health crisis are more likely to encounter law enforcement than medical assistance.” Obviously, these individuals are in need of mental health care—but the mental health care providers are not the ones patrolling the streets, or prosecuting defendants or giving verdicts in court rooms. The mental health care providers are in silos—operating out of health care facilities, while the people in clear need of mental health care are locked away behind bars. There is no logic to the system at all, unless one looks at the private prison system as a for-profit industry and sees the incarcerated as the new slaves in an unjust system. That is how activist Angela Davis sees it and she has decried the system on numerous occasions. As Lentin (2020) points out, “Angela Davis argues that the ‘prison industrial complex’ uses for-profit companies to disappear problems” (p. 260).
It is important to note that as a bipartisan entity serving the diverse needs of sitting state legislators, NCLS has access to important data and resources on the subject matter. Towards this end, the information presented in their research should be deemed valid and accurate. The information provided by the NCLS is thus important to consider when it comes to demonstrating the need and relevance of early intervention programs in attempts to ensure that the criminal justice system is adequately responsive to the needs of persons experiencing mental health crisis. Otherwise, the individuals are just seen as a problem and are disappeared into the for-profit prison industry (Lentin, 2020). Unfortunately, there is nothing noble or humane about such treatment. It needs to be addressed from a cultural issue.
Semenza and Grosholz (2019) also point out another important finding: that inmate misconduct has in the past been associated with the poor physical and mental health of inmates. In their study, the Semenza and Grosholz (2019) make a finding to the effect that “people in prison dealing with concurrent mental and physical health problems are significantly more likely to engage in prison misconduct than healthy incarcerated individuals” (p. 103). This particular finding is important because it shows that even in prison the problem is not solved: the mental instability of the incarcerated continues to wreak havoc. Semenza and Grosholz (2019) rely on data sourced from a comprehensive survey of state correctional facility inmates to reach their conclusion, and the conclusion indicates that the issue is systemic.
However, it should be noted that although the sample size utilized in the study by Semenza and Grosholz (2019) is sufficient for a study of this nature, the fact that the survey was conducted in the year 2004 could come in the way of the finding’s application to contemporary scenarios. Sixteen years have passed since then. So what would an assessment of the current climate reveal? Sadly, it would not reveal anything different because the system has not improved, as Vogel et al. (2014) show. The study by Semenza and Grosholz (2019) is at least helpful as a foundation for helping one to understand why the mental health of inmates should be a priority issue. Towards this end, the article has utility in terms of supporting the suggestions of intervention measures put forward in the various other articles highlighted herein for better outcomes in the criminal justice system.
Yi, Turney and Wildermann (2016) point out that from a social justice perspective, prisons are considered a critical instrument of justice. It is, however, important to note that in as far as the health and wellbeing of prisoners is concerned, prisons fail to promote certain societal aspirations on this front (Yi et al., 2016). Yi et al. (2016) sought to establish whether there was indeed any association between incarceration and mental health. They found that the answer to that research question was a resounding Yes.
Vogel, Stephens and Siebels (2014) show that people with mental health problems are over-represented in prisons. This means that there is a disproportionate amount of the population suffering from mental health in prison as compared to other populations represented in prison. For example, blacks are overrepresented in prison compared to the percentage of the general population that they are part of. The same goes for the mental health population. Just as the overrepresentation of blacks in prisons suggests that systemic racism is inherent in the criminal justice system, so too does the overrepresentation of people with mental health issues in prison suggest that there is discrimination against people with poor mental health in the criminal justice system. That indicates a serious issue.
To summarize, the empirical research on this issue shows that inequality in prisons is a serious issue, as those with mental health issues are not given their full rights. Data sourced from the Fragile Families and Child Wellbeing Study (FFCWS) has indicated that inmates a significant percentage of inmates have a long history or pattern of mental health illness. According to Yi et al. (2016), the said data is of great relevance owing to the fact that “the longitudinal nature of the FFCWS provides critical information for estimating models that account for factors that precede incarceration” (p. 903). Additionally, Morgan et al. (2013) used meta-analysis to review 26 empirical studies and found that there is a clear overrepresentation of persons having mental illnesses in the criminal justice system. The finding corroborates the conclusion of Vogel et al. (2014) as well, thus showing that there is an urgent need to address the mental health needs of inmates. Vogel et al. (2014) state that “mentally ill persons are disproportionately represented at all stages of the criminal justice system, from arrest to conviction to incarceration” (p. 627). Vogel et al. (2014) relied upon data sourced from a comprehensive review of literature on the prison population. The credibility of the findings is not in question owing to the fact that the authors elect to rely upon numerous peer-reviewed sources. Each of these studies is relevant and helpful in showing that this is not just a matter of interpretation: the facts and statistics thoroughly prove that crime is largely a mental health issue. If the mental health of inmates was actually treated without injustice, the prison population could probably be reduced by nearly 40%.
Addressing the Problem as a Cultural Issue
The cultural issues that exist in this problem can be identified as multicultural concerns, particularly with respect to the lack of equality in terms of mental health care for inmates. Another aspect of the cultural problem, however, is the fact that blacks are disproportionately imprisoned, indicating that an element of systematic racism exists in the criminal justice system. This being the case, it may be one reason mental health issues are not addressed in the system: the system itself is uncaring and prejudiced. Addressing these concerns can contribute to the goal of a more just society because it focuses on the problem of why human society is crumbling: crime is often taken for granted and a punitive system of justice has been implemented as a way to punish offenders. But what if offenders are victims in their own right, suffering from a mental health issue that may be the result of abuse or trauma that they themselves experienced? The current system is too focused on punishing rather than on helping, and that is what needs to change (Morgan et al., 2013; Semenza & Grosholz, 2019).
As the system shows with its attitude towards racial injustice, care for those convicted of crime is not a top priority. The top priority is punishment and, according to Lentin (2020), incarceration wherein the individual is forced to work for corporations for slave wages. This has been one of the main complaints of Angela Davis all along, and her focus on the prison industrial complex as a tool in the system of oppression of blacks takes on new meaning when the issue of mental health is added to the equation. The issue of mental health is easily one that can be applied to people who keep falling again and again to the same type of crimes—whether they are crimes related to addiction, to prostitution, to abuse, or whatever the nature may be. These are crimes that have a root in some trauma that has caused the individual to lose wellness at the mental level. Yet the courts fail to observe this.
The culture of law and order in the US is one in which everything is seen in black and white terms instead of in human terms. There are many disciplines and approaches to learning that can be incorporated into the study of criminal justice and what is really needed is a cultural or interdisciplinary approach. Then one would begin to see the kind of stigma that society attaches to mental health. Schizophrenia patients know that stigma all too well: society does not look fondly upon people who are schizophrenic, or bi-polar; they cease to be taken seriously. One need only look at the way celebrity Kanye West is treated in the media whenever he says or does something out of the ordinary; it is immediately chalked up to him being “crazy” and bi-polar and thus nothing he does or says should be considered very deeply. It is a very shallow and insensitive culture that has developed in America when people are treated this way.
One’s culture is important to consider if one is going to be counseling others. The reason for this is that everyone has a perspective, and if one is unaware of one’s perspective and how it colors one’s outlook, it can lead to a bias or an unintentional prejudice in the way one treats others. The system does not even try to counsel, however; it simply locks away. That is a problem in and of itself.
Another aspect to the issue is that concerning power. For instance, Schyns and Schilling (2013) explain that one reason power can corrupt is when it is inefficiently used: leaders who have power invested in them should use that power the right way, and when they do not it tends to cause problems and followers see that and can begin to resent the leader. This creates a corruption in the culture and this corruption is likely what is related to the perception of corruption in the leader.
There is a relationship between power and influence, as pointed out by Northouse (2019). But how should that power and influence be shown by a leader? The leaders of today’s criminal justice system do not appear to be interested in what others have to say. The research indicated herein is not new or unknown to the leaders of the industry. The industry has control of the leaders in government; voices like those of Angela Davis are ignored. The leaders in government should be more mindful of what the actual researchers and activists are saying. De Vries (1998) gives a good example of how a leader has used influence in a powerful way. The example given is that of Sir Richard Branson, who demonstrated charismatic leadership style and used his influence as someone willing to go out on a limb for others and to give innovative people the space to be themselves and do great things. He became a great and powerful leader because he helped others to develop their ideas. His ability to lead was rooted in his ability to influence others in a supportive and servant-charismatic style of leadership. He was engaged with followers and tried out new ideas in order to push the envelope and create an environment in which he could achieve success. That is a good example of how power and influence go hand in hand for leaders trying to make a difference. For people in American who are concerned about this issue, there needs to be organization so that activists like Davis can be elected to positions of power, influence other leaders and create the kind of change that is needed.
What is not clear is how trust is developed and why power does not change individuals. One of the most popular sayings in the West is that power corrupts and absolute power corrupts absolutely. Why do followers learn to trust their leaders? How do leaders come to trust their followers? What causes trust to be lost between leaders and followers? It is helpful to explain what trust means, but there is still more information needed on the steps that a leader or a follower can take to promote trust. If trust is based on performance or a type of style of leadership or followership, that should be described in more detail. It is not enough simply to know what is meant by the term trust. An applicable sense of how to build or strengthen trust is what is required. Today, there is little trust between the people of America who are aware of the problems in the criminal justice system and the leaders of that system. That trust needs to be restored at a cultural level and that can only come by way of promoting social justice.
It is unfortunate that the criminal justice system is supported by for-profit private prisons that make money off incarceration. This relationship represents a tremendous conflict of interest, and it is apparent to many people that this is not how justice is supposed to operate. Still, some have never even realized the nature of the problem, because it is out of sight and therefore out of mind. But once people begin to have understood the way big business has gotten involved in criminal justice they become more disturbed that anyone should see such a system as fair and equitable.
The positive takeaway is that as awareness is raised, people can use that new understanding going forward by advocating for reform in the criminal justice system. The Prison Policy Initiative, for instance, is one organization dedicated to the pursuit of social justice in criminal justice. When profits are put before people, the values that should hold the fabric of this nation together are lost and washed away. The structures and systems in place are unfair and unhealthy. They do not address the root issues at the heart of almost half of all crime. Mental health problems are very real in this country—but the criminal justice system seems to turn a blind eye to them, and that is something that needs to change.
Possible Solutions
A possible resolution to this issue would be to address it via alternative sentencing, which would give convicts the opportunity to obtain treatment for their issues instead of being obliged to sit for years behind bars where they would basically be exploited by corporations. Another would be to require that the private prison institution be abolished so that there is no more conflict of interest between for-profit private institutions and the execution of justice within a social justice framework. Another would be to regulate that prisons provide mental health counseling and therapy to inmates in an environment that is conducive with mental health therapy. This would ensure that prisons be reconstructed with green spaces and be more focused on providing humane conditions for prisoners—no isolation, garden access, access to animals for the purposes of animal-assisted therapy, and so on.
The police, the courts, and corrections are all really impacted by this issue. Police have to deal with individuals on the streets who are in need of mental health help, but because their job is to enforce the law, all they can do is take people to jail. They are not trained to identify mental health issues or permitted to work with the mental health industry to provide care for individuals committing crimes. What is needed, therefore, is more collaboration between the mental health field and the law enforcement field. That way, more humane and just treatment of all individuals could be obtained. As it is now, a racist system allows for-profit private prisons to benefit from incarcerations. The system puts profits before people, and that has to change.
People of color are especially being prosecuted under the law instead of being diverted into mental health facilities. The corrections industry then takes over and profits from their detention. Criminal justice theories, such as life course theory and social bond theory, could help to explain how it happens that individuals end up caught within the criminal justice system with no way out. However, critical theory could also be used to show how advocates for reform like Angela Davis are correct in putting the blame for this inequity on an elitist system of government that seeks repression rather than justice. Law enforcement can use an approach like community policing to more effectively address social equality; the judiciary can use alternative sentencing to cut down on the number of persons incarcerated who are in need of mental health support; and the corrections industry needs to be state-run, not privatized and profiting from prison labor should be banned. Poverty, racism, religion, and other sociocultural variables are exploited because they are seen as ways to oppress minorities, which falls in line with conflict theory and the idea that there is one group that has power in society and to maintain possession of limited resources it denies power to other groups.
Conclusion
The prison industry needs to do a better job of addressing the mental health needs of prisoners. Currently it treats those who are convicted of crime as though it were merely a black-and-white issue of guilty/not-guilty. The problems lie much deeper than this superficial reading of crime. Crime is not really simply a criminal justice issue; it is also a mental health issue. The reason crime rates are so high in America is that mental health is not being addressed. For a final takeaway, one might consider for example just what the lockdown from COVID-19 is doing to the mental health of people in America. People have lost their jobs, their income and many are relying on food banks for sustenance. Their support networks are breaking down because so many people in their communities are suffering and are thus unable to come to the support of others. People are becoming more and more paranoid about germs and disease even though they are unlikely to actually get sick or experience any symptoms at all from coronavirus. Yet people are getting angry at one another for not wearing masks or for trying to get back to work. This is all putting pressure on people and that pressure is resulting in riots and looting and violence. Crime has skyrocketed in cities like Portland and Chicago. There is a reason mental health has been linked to crime: this is it.
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